END-USER LICENSE AGREEMENT FOR SYGATE PERSONAL FIREWALL

IMPORTANT-READ CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE: THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL)(, HEREAFTER REFERRED TO AS "YOU" OR "LICENSEE") AND SYGATE TECHNOLOGIES, INC. ("SYGATE" OR "LICENSOR") FOR THE SOFTWARE IDENTIFIED ABOVE, WHICH INCLUDES COMPUTER PROGRAMMING CODE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND "ONLINE" OR ELECTRONIC DOCUMENTATION ("SOFTWARE"). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SOFTWARE.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.

1. LICENSE. This EULA permits only personal use of the Software.  If you intend to use the Software for any business or professional purposes, you must purchase a business-use license.  Any business use of the Software licensed under this EULA is a violation of this license and would constitute a breach of contract as well as copyright infringement.  Business-use licenses are available on our website at www.sygate.com/free/ssd/biz/business.htm.  

Sygate grants you a non-exclusive, non-transferable license to do the following: (i) reproduce and use the Software on a single computer solely for your personal, non-commercial use; (ii) copy the Software for back-up or archival purposes in accordance with your standard back-up or archival procedures.  

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.  You may not do the following: (i) reverse engineer, decompile, translate, disassemble, or otherwise attempt to derive source code from the Software, or authorize any third party to do any of the foregoing (ii) modify, or create derivative works based upon the Software, in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software.   The Software is licensed as a single product.  Its component parts may not be separated for use on more than one computer. Sygate reserves any rights in the Software not expressly granted to you in this EULA.

Termination. Without prejudice to any other rights, Sygate may terminate this EULA if you fail to comply with any of its terms and conditions. Upon notification of such termination, you must destroy all copies of the Software and all of its component parts.


3. INTELLECTUAL PROPERTY RIGHTS. All interest in any copyrights, patents, trade secrets, trademarks and any other intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying materials (if any), and any copies of the Software, are owned by Sygate or its suppliers.  Therefore, you must treat the Software like any other material protected by intellectual property laws.  

4. U.S. GOVERNMENT END USERS. The Software and documentation are provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Sygate Technologies, Inc. 6591 Dumbarton Circle, Suite 102, Fremont, CA 94555.

5. DISCLAIMER OF WARRANTIES.  THE SOFTWARE IS PROVIDED "AS IS," "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND.  LICENSOR, ITS SUPPLIERS AND DISTRIBUTOR DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO LICENSEE, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO SXITY (60) DAYS FROM THE DATE LICENSEE FIRST INSTALLED THE SOFTWARE ON LICENSEE'S COMPUTER; PROVIDED, HOWEVER, THAT LICENSEE'S SOLE AND EXCLUSIVE REMEDY, AND LICENSOR'S SOLE OBLIGATION SHALL IN ANY CASE BE THAT LICENSOR WILL, AT ITS OPTION, REPAIR OR REPLACE LICENSEE'S COPY OF THE SOFTWARE, OR TERMINATE THIS LICENSE AGREEMENT AND REFUND AMOUNTS ALREADY PAID THEREFOR BY LICENSEE.

6. LIMITATION OF LIABILITY.  REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY THE LAW OF THE JURISDICTION IN WHICH LICENSEE OBTAINED THIS LICENSE, LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR COMPUTER MALFUNCTION, LOSS OF INFORMATION, LOST PROFITS AND BUSINESS INTERRUPTION, AND THE COST TO OBTAIN SUBSTITUTE SOFTWARE, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SOFTWARE HOWEVER CAUSED AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF LICENSOR, ITS SUPPLIERS DISTRIBUTOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR'S, ITS SUPPLIERS' OR DISTRIBUTOR'S TOTAL LIABILITY TO LICENSEE RELATING TO THIS AGREEMENT OR THE USE (OR INABILITY TO USE) THE SOFTWARE EXCEED FIFTY (50) DOLLARS.  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE.  LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE SOFTWARE.  

LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS WOULD NOT PROVIDE THE SOFTWARE TO LICENSEE FREE OF CHARGE IF LICENSEE DID NOT AGREE TO THE "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" PROVISIONS IN THIS AGREEMENT.  

7. EXPORT LAW.  The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export or import as may be required.

8. GENERAL.  This Agreement will be governed by the laws of the State of California in the United States of America, as applied to contracts between California residents performed entirely within the State.  The Federal and State Courts located in Santa Clara County shall have sole jurisdiction over any disputes arising hereunder.  If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force.  This Agreement is the complete and exclusive statement of the agreement between you and Sygate, and the EULA supersedes any proposal or prior agreement, oral or written, and any other communications between us in relation to the subject matter of this EULA.

(c)Copyright 1999, 2000 Sygate Technologies Inc.  All rights reserved.  Protected by copyright and licenses restricting use, copying, distribution and decompilation.  "Sygate" and "Sygate Personal Firewall" are trademarks of Sygate Technologies Inc. in the United States and other countries.